Jackson v. LS BROWN COMPANY

The petition was subject to a general demurrer. The plaintiff alleged that time was of the essence in the contract and that the defendant was informed that it was imperative that the tent be erected not later than noon on Monday, October 29, 1951. As to the alleged breach the plaintiff averred: “Petitioner shows that as a result of the said defendant’s failing and refusing to comply with this contract and its breach in failing to erect its tent on Monday, October 29, your petitioner was damaged in the sum of $18,750.” Therefore, the breach com plained of was the breach of the time stipulation…